WILLIAMS v. CULPEPPER
ORDER re 5 First Amended Complaint filed by HENRY WILLIAMS: Clerk to prepare and issue summonses, indicating Defendants have 21 days following service to file a response to amended complaint and refer summonses to USMS for ser ve. Clerk to forward form consenting to trial by Magistrate Judge to Plaintiff. (Notify Chambers on 3/12/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 1/25/2012. (Summonses referred to USMS. Consent form w/copy of order sent to Plaintiff. ) (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
Case No: 5:11-cv-378-MP-GRJ
CULPEPPER et al.,
This case is before the Court on Doc. 5, a pro se first amended complaint
pursuant to 28 U.S.C. § 1983. The allegations against Defendants have been deemed
sufficient to state a claim and alert the Defendants to the nature and basis of Plaintiff's
claim. This Order directs service of the First Amended Complaint on Plaintiff’s behalf.
Accordingly, it is ORDERED:
1. The Clerk shall prepare and issue summonses, indicating that Defendants
have twenty-one (21) days following service in which to file a response to the First
Amended Complaint, and shall refer the summonses to the United States Marshal,
along with two copies of Plaintiff's First Amended Complaint (Doc. 5).
2. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Rebecca Mitchell is
specially appointed to serve process upon Defendants Warden Culpepper, Sgt.
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Simmons, and Sgt. Sinclair at the Apalachee Correctional Institution, a facility within
the Florida Department of Corrections. In the absence of Rebecca Mitchell, the
specially appointed process server designated above, Melissa Varn is designated as
an alternate server and shall comply with this Order as though issued in her name.
3. Within 10 days from the date of entry of this Order on the docket, the United
States Marshal or a Deputy United States Marshal shall serve a copy of the First
Amended Complaint, a summons, and this Order upon the Defendants. Service shall
be accomplished by mailing these documents by regular mail to the above named
special process server who shall serve the First Amended Complaint. All costs of
service shall be advanced by the United States.
4. Within 10 days after receipt of the complaint and this order, Rebecca
Mitchell shall serve the First Amended Complaint upon the individuals named
above, complete and sign the return of service, and return it to the Clerk of Court as
proof of service. Defendants shall also sign the return of service as an
acknowledgment of receipt of service.
5. If the Defendants are no longer employed at the designated institution or
facility, or are otherwise unable to be served, the server shall report this information to
th Clerk of Court within 10 days after receipt of the complaint and this Order. If
service is returned unexecuted, or if a return is not filed within twenty (20) days
from the date of this order, the Clerk of Court shall immediately notify Chambers.
6. Defendants shall have 21 days after service in which to file a response to
the First Amended Complaint.
Case No. 5:11-cv-378-MP-GRJ
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7. No motion for summary judgment shall be filed by any party prior to entry of
an Initial Scheduling Order without permission of the Court.
8. Counsel for Defendants shall file a notice of appearance within 10 days of
the date of service.
9. Plaintiff is advised that after a response to the First Amended Complaint has
been filed, no further amendments to the First Amended Complaint shall be permitted
by the Court unless, as required by Rule 15 of the Federal Rules of Civil Procedure,
Plaintiff files a separate motion for leave to so amend and provides a copy of the
proposed amended complaint. N.D. Fla. Loc. R. 15.1.
10. In accordance with 28 U.S.C. § 636(c)(2), the Clerk shall forward to Plaintiff
a form for consenting to trial by the Magistrate Judge, with the case number written on
it. If Plaintiff wishes to consent, the form should be signed and forwarded to counsel for
Defendants. If the Defendants wish to consent, the form should be signed and returned
to the Clerk.
11. After a notice of appearance has been filed, Plaintiff shall be required to mail
to the attorney for the Defendants a copy of every pleading or other paper, including
letters, submitted for consideration by the Court. Plaintiff shall include with each
pleading, motion, or other paper to be filed with the Clerk of the Court a certificate
stating the date an identical copy of the paper was mailed to the attorney representing
the Defendants. Any paper so submitted for filing that does not contain a "certificate of
service" shall be returned by the Clerk and disregarded by the Court.
Case No. 5:11-cv-378-MP-GRJ
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12. Plaintiff is reminded to keep the Clerk of Court advised of any change in his
mailing address should he be transferred, released from prison, or otherwise be
relocated. Failure to do so may result in the dismissal of Plaintiff's action for failure to
prosecute should court orders not be able to reach Plaintiff.
13. The Clerk of Court shall return this file to the undersigned no later than
March 12, 2012.
DONE AND ORDERED this 25th day of January 2012.
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
Case No. 5:11-cv-378-MP-GRJ
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